Court No. - 41
Case :- WRIT - C No. - 19466 of 2019 Petitioner :- C/M Shri Sadguru Purve Madhyamik Vidyalaya And Another Respondent :- State Of U P And 5 Others Counsel for Petitioner :- Vimal Chandra Mishra Counsel for Respondent :- C.S.C.,Rajesh Khare
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioners, learned Standing Counsel appearing for respondent nos. 1, 2, 3, and 4 and Sri Rajesh Khare, learned counsel for respondent nos. 5 and 6.
After hearing the learned counsel for the petitioners, learned Standing Counsel and learned counsel for the respondent nos. 5 and 6, the Court has disposed of the writ petition with the direction to respondent no. 6 to decide the representation of the petitioners dated 9.2.2018, but before the order could be transcribed and signed, Sri Rajesh Khare, learned counsel for the respondent nos. 5 and 6 has made a mention before this Court at 2.00 P.M. that representation of the petitioners dated 9.2.2018 has already been decided by respondent no. 6 vide order dated 23.2.2018 and he also produced the photo copy of the order dated 23.2.2018 before this Court. He further submitted that he has also informed the counsel for the petitioners and requested to be present before the Court at 2.00 P.M. The Court has further directed him to take one more chance to inform the counsel for the petitioners to appear before the Court, but he submitted that his mobile phone call could not be attended by Sri Vimal Chandra Mishra, learned counsel for the petitioners.
I have perused the order dated 23.2.2018 by which the representation of the petitioner dated 9.2.2018 submitted before the respondent no. 6 pursuant to the order dated 31.1.2018 passed by this Court in Writ-C No. 4036 of 2018 has already been decided, therefore, under such facts and circumstances of the case, this petition is infructuous since its filing. Accordingly, it is dismissed as infructuous.
However, it is open for the petitioners to move recall application, if any facts informed by counsel for the respondent nos. 5 and 6 are incorrect.
Order Date :- 31.5.2019 Rmk.